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3 Takeaways - Practice Pointers for German Companies Doing Business in the U.S.

German companies are often surprised when they get sued in the U.S. (a) that U.S. courts even have jurisdiction; (b) about the exorbitant amount of damages that are claimed; and (c) about the power U.S. courts have to compel...more

6 Key Takeaways - The New Statewide Georgia Business Court

Kilpatrick Townsend recently hosted a presentation about the new statewide Georgia Business Court (“GBC”) that will begin accepting new cases later this summer. Below are 6 key takeaways from the presentation... ...more

Georgia Contract Defenses to Consider as a Result of the COVID-19 Pandemic

We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we have analyzed force majeure clauses under Georgia, Delaware, Texas, North Carolina, and New...more

Impact of the COVID-19 Pandemic on Force Majeure Defenses under Georgia Law

Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure clauses will likely play a key role in determining whether a failure...more

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at *1 (C.D. Cal. Jan. 19, 2017), the district court granted the defendant’s motion to dismiss a TCPA class action, finding that the simple...more

Top Takeaways: 3 “Secrets of Trade Secrets”

Kilpatrick Townsend partners Lou Barbieri, Josh Ganz, and John Jett recently presented to a group of entrepreneurs at the Atlanta Tech Village on the “Secrets of Trade Secrets.” Here are three key takeaways from the...more

Top Takeaways: 2016 American Bar Association Forum on Franchising

Marc Lieberstein - Marc Lieberstein, Kilpatrick Townsend partner in the firm’s New York office, was honored to participate in the “Mine is Better Than Yours! The Risks and Rewards of Conducting Comparative Advertising”...more

Chorley Enterprises, Inc. v. Dickey’s Barbecue Restaurants, Inc.: Arbitration Provisions in Maryland Franchise Agreements

Maryland law requires franchisors include a provision in their franchise agreements that preserves the franchisee’s ability to litigate certain claims in court rather than in arbitration. In Chorley Enterprises, Inc. v....more

A Few Highlights From The Newly-Enacted Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act (the “DTSA” or “Act”) became law on May 11, 2016. Here are a few highlights: - 1. The DTSA seeks to address the significant effects that trade secret misappropriation has on the...more

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